Human Rights: a Brief Introduction Stephen P

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Human Rights: A Brief Introduction Stephen P. Marks Harvard University

Human Rights: A Brief Introduction

Stephen P. Marks Harvard University

I: Introduction ...... 1 II. Human rights in ethics, law and social activism ...... 1 A. Human rights as ethical concerns ...... 2 B. Human rights as legal rights (positive law tradition) ...... 3 C. Human rights as social claims ...... 4 III: Historical milestones ...... 5 IV: Tensions and controversies about human rights today ...... 7 A. Why do sovereign states accept human rights obligations? ...... 7 B. How do we know which rights are recognized as human rights? ...... 8 Table 1: List of human rights ...... 9 C. Are human rights the same for everyone? ...... 11 D. How are human rights put into practice? ...... 13 1. The norm-creating process ...... 13 Table 2: Norm-creating process ...... 13 2. The norm-enforcing process ...... 14 3. Continuing and new challenges to human rights realization ...... 16 Table 3: Means and methods of human rights implementation ...... 17 V: Conclusion ...... 18 Selected bibliography ...... 19 Selected websites ...... 19 Universal Declaration of Human Rights ...... 21

discourse and some historical background of I: Introduction the concept of human rights, this essay will examine the tensions between human rights Human rights constitute a set of norms and state sovereignty, the challenges to the governing the treatment of individuals and universality of human rights, the groups by states and non-state actors on the enumeration of rights recognized by the basis of ethical principles regarding what international community, and the means society considers fundamental to a decent available to translate the high aspirations of life. These norms are incorporated into human rights into practice. national and international legal systems, which specify mechanisms and procedures II. Human rights in ethics, law and to hold the duty-bearers accountable and provide redress for alleged victims of human social activism rights violations. There are numerous theoretical debates After a brief discussion of the use of surrounding the origins, scope and human rights in ethical, legal and advocacy significance of human rights in political © Harvard University 2016

Marks 2 Human Rights science, moral philosophy, and can draw on concepts such as natural law, jurisprudence. Roughly speaking, invoking social contract, justice as fairness, the term “human rights” (which is often consequentialism and other theories of referred to as “human rights discourse” or justice. In all these philosophical traditions, “human rights talk”) is based on moral a right is conceived as an entitlement of reasoning (ethical discourse), socially individuals, either by virtue of being human sanctioned norms (legal/political discourse) or because they are members of a political or social mobilization (advocacy discourse). community (citizens). In law, however, a These three types of discourse are by no right is any legally protected interest, means alternative or sequential but are all whatever the social consequence of the used in different contexts, depending on enforcement of the right on the wellbeing of who is invoking human rights discourse, to persons other than the right-holder (e.g., the whom they are addressing their claims, and property right of a landlord to evict a tenant, what they expect to gain by doing so. The the right of a business to earn profits). To three types of discourse are inter-related in avoid confusion, it is helpful to use the term the sense that public reasoning based on “human right” or its equivalent ethical arguments and social mobilization (“fundamental right,” “basic freedom,” based on advocacy agendas influence legal “constitutional right”) to refer to a higher- norms, processes and institutions and thus order right, authoritatively defined and all three modes of discourse contribute to carrying the expectation that it has a human rights becoming part of social reality. peremptory character and thus prevails over other (ordinary) rights and reflects the A. Human rights as ethical concerns essential values of the society adopting it.

Human rights have in common an Ethical and religious precepts determine ethical concern for just treatment, built on what one is willing to accept as properly a empathy or altruism in human behavior and human right. Such precepts are typically concepts of justice in philosophy. The invoked in the debates over current issues philosopher and economist, Amartya Sen, such as abortion, same-sex marriage, the considers that “Human rights can be seen as death penalty, migration, much as they were primarily ethical demands… Like other around slavery and inequality based on ethical claims that demand acceptance, there class, gender or ethnicity in the past. is an implicit presumption in making Enlightenment philosophers derived the pronouncements on human rights that the centrality of the individual from their underlying ethical claims will survive open theories of the state of nature. Social 1 and informed scrutiny.” In moral contractarians, especially Jean-Jacques reasoning, the expression “human rights” is Rousseau, predicated the authority of the often not distinguished from the more state on its capacity to achieve the optimum general concept of “rights,” although in law enjoyment of natural rights, that is, of rights a “right” refers to any entitlement protected inherent in each individual irrespective of by law, the moral validity or legitimacy of birth or status. He wrote in Essay on the which may be separate from its legal status Origin on Inequality Among Men that “it is as an entitlement. The moral basis of a right plainly contrary to the law of nature…that the privileged few should gorge themselves 1 Amartya Sen, “Elements of a Theory of Human with superfluities, while the starving Rights,” Philosophy & Public Affairs, vol. 32, No. 4 multitude are in want of the bare necessities (2004), p. 320.

Marks 3 Human Rights of life.”2 Equally important was the concept an constitutive characteristic of human of the universalized individual (“the rights rights”3, implying an inherent value of the of Man”), reflected in the political thinking concept of human rights, independent of of Immanuel Kant, John Locke, Thomas what is established in law. Legal positivists Paine and the authors of the American would disagree and consider law to be Declaration of Independence (1776) and the constitutive rather than declarative of human French Declaration of the Rights of Man and rights. the Citizen (1789). The Enlightenment represents for the West both the affirmation B. Human rights as legal rights (positive of the scientific method with the related law tradition) faith of human progress and the formulation of the human rights, which define the “Legal positivists” regard human rights freedom and equality on which the as resulting from a formal norm-creating legitimacy of modern governments have process, by which we mean an authoritative henceforth been judged. Karl Marx and formulation of the rules by which a society much of socialist thinking questioned the (national or international) is governed. “bourgeois” character of a limited While “natural rights” derive from natural interpretation of individual human rights and order or divine origin, and are inalienable, stressed community interests and egalitarian immutable, and absolute, rights based on values. “positive law” are recognized through a political and legal process that results in a The ethical basis of human rights has declaration, law, treaty, or other normative been defined using concepts such as human instrument. These may vary over time and flourishing, dignity, duties to family and be subject to derogations or limitations society, natural rights, individual freedom, designed to optimize respect for human and social justice against exploitation based rights rather than impose an absolute on sex, class or caste. All of these moral standard. They become part of the social arguments for human rights are part of order when an authoritative body proclaims ethical discourse. The tension between them, and they attain a higher degree of political liberalism and democratic universality based on the participation of egalitarianism, between Locke and virtually every nation in the norm-creating Rousseau, between liberty and equality, process, a process that is law-based but that between civil and political rights and reflects compromise and historical shifts. economic, social and cultural rights, have Think of the moral and legal acceptability of been part of the philosophical and political slavery, torture, or sexual and racial ambiguity of human rights since the discrimination over most of human history. beginning of the modern era. The product of what has survived “open and informed scrutiny” (Sen’s expression) is Whether human rights discourse is thus often found not in journals and essentially ethical and philosophical or seminars on ethics and normative theory but rather essentially legal and political is a rather at the end of the political or legislative matter of dispute. Sen writes, “Even though process leading to the adoption of laws and human rights can, and often do, inspire treaties relating to human rights, such as the legislation, this is a further fact, rather than relatively recent abolition of slavery, torture

2 D.G.H. Cole translation, p. 117. 3 Sen, supra, note 1, p. 319

Marks 4 Human Rights and discrimination based on race or sex. in 1988) were among the more effective non- governmental organizations (NGOs). Latin The “International Bill of Human America, Africa and Asia saw the creation of Rights” (consisting of the Universal an extraordinary array of human rights groups Declaration of Human Rights [UDHR] of in the 1980s and 1990s, which have 1948, and two legally-binding treaties proliferated after the end of the Cold War. opened for signature in 1966, namely, the International Covenant on Civil and Political These NGOs emerged as social Rights and the International Covenant on movements catalyzed by outrage at the Economic, Social and Cultural Rights), mistreatment of prisoners, the exploitation of along with the other human rights treaties of workers, the exclusion of women, children, the United Nations (UN) and of regional persons with disabilities, or as part of organizations, constitute the primary sources struggles against slavery, the caste system, and reference points for what properly colonialism, apartheid, or predatory belongs in the category of human rights. globalization. Such movements for social These legally recognized human rights are change often invoke human rights as the basis discussed below in Part IV.B. of their advocacy. If the prevailing theories of moral philosophy or the extant codes of C. Human rights as social claims human rights do not address their concerns, their action is directed at changing the theory Before they are written into legal texts, and the legal formulations. NGOs not only human rights often emerge from claims of contributed to the drafting of the UDHR but people suffering injustice and thus are based also in bringing down Apartheid,4 on moral sentiment, culturally determined transforming the political and legal by contextualized moral and religious belief configuration of East-Central Europe5 and systems. Revolt against tyranny is an ancient restoring democracy in Latin America.6 New tradition. A modern precursor of social norms emerged as a result of such social mobilization for human rights at the national mobilization during the second half of the level was the response to the unjust twentieth century regarding self- condemnation of Captain Dreyfus in 1894 as determination of peoples, prevention and a spy for the Germans, which led Emile Zola punishment of torture, protection of to proclaim in his famous “J’Accuse…!”, an vulnerable groups and, more recently, equal impassioned call to action that led to the treatment of sexual minorities and protection creation of the Ligue française des droits de of migrants. l’homme in 1897, and numerous similar leagues, which became federated in 1922 into The appeal to human rights in this the International Federation of Leagues for advocacy discourse is no less legitimate than the Rights of Man (now the International the legal and philosophical modes of Federation for Human Rights), which discourse and is often the inspiration for the spawned its counterpart in the US in 1942, the latter. Quoting Sen again, “The invoking of International League for the Rights of Man, now functioning in New York as the 4 International League for Human Rights. William Korey, NGOs and the Universal Amnesty International (founded in 1961), the Declaration of Human Rights: A Curious Grapevine, pp. 7-8. Moscow Human Rights Committee (founded 5 in 1970), and Helsinki Watch (founded in Id., pp. 95-116. 1978 and expanded into Human Rights Watch 6 Id., pp. 229-247.

Marks 5 Human Rights human rights tends to come mostly from origins to ancient religious and those who are concerned with changing the philosophical concepts of compassion, world rather than interpreting it… The charity, justice, individual worth, and colossal appeal of the idea of human rights respect for all life found in Hinduism, [has provided comfort to those suffering] Judaism, Buddhism, Confucianism, intense oppression or great misery, without Christianity and Islam. Precursors of human having to wait for the theoretical air to rights declarations are found in the ancient clear.”7 codes of Hammurabi in Babylon (about 1772 BCE), the Charter of Cyrus the Great Former British diplomat and law in Persia (about 535 BCE), edicts of Ashoka professor Philip Allott expressed the in India (about 250 BCE), and rules and transformative potential of human rights traditions of pre-colonial Africa and pre- when he found that there was, “room for Columbian America.10 optimism on two grounds. (1) The idea of human rights having been thought, it cannot Others trace modern human rights to the be unthought. It will not be replaced, unless emergence of natural law theories in Ancient by some idea which contains and surpasses Greece and Rome and Christian theology of it. (2) There are tenacious individuals and the Middle Ages, culminating in the non-statal societies whose activity on behalf rebellions in the 17th and 18th century of the idea of human rights is not part of Europe, the philosophers of the international relations but is part of a new Enlightenment and the Declarations that process of international reality-forming.”8 launched the French and American He adds, “The idea of human rights should revolutions, combined with the 19th century intimidate governments or it is worth abolitionist, workers’ rights and women’s nothing. If the idea of human rights suffrage movements.11 reassures governments, it is worse than nothing.”9 In sum, the force of social A third trend is to trace human rights to movements drawing inspiration from human their enthronement in the United Nations rights not only enriches the concept of Charter of 1945, in reaction to the Holocaust human rights but also contributes to altering and drawing on President Roosevelt’s Four international society. Freedoms and the impact of the Universal Declaration of Human Rights of 1948 on III: Historical milestones subsequent national constitutions and foreign policy and international treaties and The historical context of human rights can be seen from a wide range of 10 Micheline Ishay, The History of Human Rights: perspectives. At the risk of From Ancient Times to the Globalization Era, With a oversimplification, I will mention four New Preface, New York: Norton and Co., 2008. See approaches to the history of human rights. also Micheline Ishay (ed.), The Human Rights Reader: Major Political Essays, Speeches, and The first approach traces the deeper Documents from Ancient Times to the Present, Second Edition, New York: Routledge, 2007. Another interesting compilation may be found in 7 Sen, supra, note 1, p. 317. Jeanne Hersch (ed.), Birthright of Man, UNESCO, 1969. The French edition was published in 1968. A 8 Philip Allott, Eunomia: New Order for a New second edition was published in 1985. World, Oxford University Press, 1990, p. 287. 11 Lynn Hunt, Inventing Human Rights: A History, 9 Id. New York: W. W. Norton & Company, 2007.

Marks 6 Human Rights declarations.12 ambiguous “Man” throughout.14

A fourth view is the very recent Commenting on the French revisionist history that considers human Revolution’s break with the past, Jürgen rights as peripheral in the aftermath of Habermas wrote that this “revolutionary World War II and only significant as a consciousness gave birth to a new mentality, utopian ideal and movement beginning in which was shaped by a new time the 1970s as an alternative to the prevailing consciousness, a new concept of political ideological climate.13 practice, and a new notion of legitimization.”15 Although it took more Much scholarship, especially in Europe than a century after the French Revolution and North America, dates modern human for this new mentality to include women and rights theory and practice from the people subjected to slavery, the awareness Enlightenment and the transformative that the “rights of man” should extend to all influence of the French and American human beings was forcefully argued in the Revolutions of the 18th century and same period by Mary Wollstonecreaft’s A 16 liberation of subjugated people from slavery Vindication of the Rights of Woman and by and colonial domination in the 19th and 20th the Society for the Abolition of the Slave centuries. Lynn Hunt, in an essay on “The Trade, founded in 1783. The valuation of Revolutionary Origins of Human Rights,” every individual through natural rights was a affirms that: break with the earlier determination of rights and duties on the basis of hierarchy and Most debates about rights originated in status. Concepts of human progress and the eighteenth century, and nowhere human rights advanced in the 19th century, were discussions of them more explicit, more divisive, or more when capitalism and the industrial influential than in revolutionary revolution transformed the global economy France in the 1790s. The answers and generated immense wealth at the given then to most fundamental expense of colonized peoples and oppressed questions about rights remained workers. Human rights advanced but mainly relevant throughout the nineteenth and for propertied males in Western societies. twentieth centuries. The framers of Since the 19th century, the human rights of the UN declaration of 1948 closely former colonialized peoples, women, followed the model established by the French Declaration of the Rights of Man and Citizen of 1789, while 14 Lynn Hunt, ed., The French Revolution and Human substituting “human” for the more Rights. A Brief Documentary History, Boston, New York: Bedord Boods of St. Martin’s Press, 1996, p. 3. See also Stephen P. Marks, “From the ‘Single Confused Page’ to the ‘Decalogue for Six Billion 12 Paul Gordon Lauren, The Evolution of Persons’: The Roots of the Universal Declaration of International Human Rights: Visions Seen, Human Rights in the French Revolution,” Human Philadelphia: University of Pennsylvania Press, 1998; Rights Quarterly, vol. 20, No. 3, August 1998, pp. Hersch Lauterpacht, International Law and Human 459-514. Rights, with an introduction by Isidore Silver. New York: Garland, 1950 (reprint 1973). 15 Jürgen Habermas, Between Facts and Norms. A Contribution to a Discourse Theory of Law and 13 Samuel Moyn, The Last Utopia: Human Rights in Democracy, The MIT Press, Cambridge, MA, 1996, History, Cambridge MA: Belknap Press of Harvard p. 467. University Press, 2012; Aryeh Neier, The International Human Rights Movement: A History, 16 Mary Wollstonecreaft, A Vindication of the Rights of Princeton, NY,: Princeton University Press 2012. Woman, (1792)

Marks 7 Human Rights excluded minorities, and workers has hoc tribunals on Rwanda and former advanced but the gap remains between the Yugoslavia and finally in the International theory of human rights belonging to all, Criminal Court. regardless of race, sex, language, religion, political or other opinion, national or social IV: Tensions and controversies origin, caste, property, birth or other status, about human rights today and the reality of inequality and discrimination. To understand how human rights are part of the global agenda, we need to ask (A) The Second World War was the why states even accept the idea of human defining event for the internationalization of rights obligations when they are supposed to human rights. In 1940, H.G. Wells wrote be sovereign and therefore do what they The Rights of Man or What are We Fighting want within their territory. Then we will For?; Roosevelt announced the “four explore (B) what is the current list of human freedoms” (freedoms of speech and worship rights generally accepted, before asking (C) and freedoms from want and fear) in his whether they correspond to the basic values 1941 State of the Union address; the UN of all societies or are imposed from the Charter established in 1945 an obligation of outside for ideological reasons. Finally, we all members to respect and observe human will examine (D) how they are transformed rights and created a permanent commission from word to deed, from aspiration to to promote their realization; the trial of Nazi practice. doctors defined principles of bioethics that were codified in the Nuremberg Code in A. Why do sovereign states accept human 1946; and the Nuremberg Trials, in 1945– rights obligations? 46, of 24 of the most important captured leaders of Nazi Germany, established The principle of state sovereignty individual criminal responsibility for mass means that neither another state nor an human rights violations. Each of these international organization can intervene in a events connected with World War II has had state’s action to adopt, interpret and enforce major repercussions for human rights today. its laws within its jurisdiction. Does this In the War’s immediate aftermath, bedrock principle of non-intervention in domestic human rights texts were adopted: the affairs of states mean that they are free to Genocide Convention and the Universal violate human rights? Along with the Declaration of Human Rights in 1948, the principle of non-intervention, upon joining Geneva Conventions in 1949 on the the United Nations, states have pledged protection of victims of armed conflict, themselves “to take joint and separate action followed in 1966 by the International in co-operation with the Organization for the Covenants on Human Rights and scores of achievement of the purposes set forth in UN and regional human rights texts on Article 55,”17 which include the promotion issues such as torture, the rights of the child, of “universal respect for, and observance of, minorities, discrimination against women, human rights and fundamental freedoms for and disability rights, along with the creation all without distinction as to race, sex, of investigative and accountability language, or religion.”18 procedures at the intergovernmental level. Individual criminal responsibility for mass violations of human rights re-emerged— 17 Article 56 of the UN Charter. after the hiatus of the Cold War—in the ad 18 Article 55 of the UN Charter. Article 1(3) of the © Harvard University 2016

Marks 8 Human Rights

State sovereignty is therefore balanced These realist, liberal internationalist, with legitimate concern of the international functionalist, and constructivist theories run community about human rights in all along a continuum from state-centric countries. How that balance is interpreted approaches at one end (where national varies according to theories of international interests prevail over any appeal to universal relations. For those of the realist school (a human rights), to cosmopolitanism at the theory that focuses on governments as other end (where identity with and support autonomous and sovereign actors in for equal rights for all people should hold international affairs, pursuing their national state sovereignty in check). In practice, interests through the projection of economic, states have accepted obligations to respect military and political power, without and promote human rights under the UN constraints of any superior authority or Charter and various human rights treaties, global government), only weak countries are whatever their motivations, and, as a result, under any constraint to allow international a regime has emerged in which human rights scrutiny of their human rights performance. have progressively become part of the For the liberal internationalist, global accepted standards of state behavior, institutions and values, like human rights, functioning effectively in some areas and matter more, although the international less so in others. system is still based on state sovereignty. Theories of functionalism attach importance In order to understand this to gradual political federation, beginning phenomenon, it is useful to examine the with economic and social cooperation, current set of recognized human rights especially through regional organizations. standards. As these networks of interdependence grow, sovereign authority shifts to international B. How do we know which rights are institutions. Under the constructivist theory recognized as human rights? of international relations, ideas, such as human rights, define international structure, While it is legitimate to draw on which in turn defines the interests and philosophical arguments or activist agendas identities of states. Thus, social norms like to claim any global social issue as a human human rights, rather than national security, right, it is also useful to identify which can shape and progressively change foreign rights are officially recognized as such. The policy. In sum, as Richard Falk and others most reliable source of the core content of argue, absolute sovereignty has given way to international human rights is found in the the conception of “responsible sovereignty,” International Bill of Human Rights, which according to which sovereignty is enumerates approximately fifty normative conditional upon the state’s demonstrable propositions on which additional human adherence to minimum human rights rights documents have built. Scores of standards and capacity to protect its regional and UN treaties have expanded the citizens.19 scope of recognized human rights, including in specialized areas such as protection of victims of armed conflict, workers, refugees and displaced persons, and persons with Charter also includes “international co-operation…in promoting and encouraging respect for human rights” among the purposes of the UN. Routledge, 2001, p. 69. 19 Richard A. Falk, Human Rights Horizons: The Pursuit of Justice in a Globalizing World, New York: © Harvard University 2016

Marks 9 Human Rights disabilities. and found a family; rights of children; the right to practice a religion; and—as an The International Bill of Human Rights exception to free speech—the prohibition of enumerates five group rights, twenty-four war propaganda and hate speech constituting civil and political rights (CPR), and fourteen incitement). The final sub-set of these rights economic, social and cultural rights (ESCR). is the four relating to political participation It also sets out seven principles that explain (namely, the right to hold public office; to how the rights should be applied and vote in free elections; to be elected to office; interpreted. and to equal access to public service).

The group rights listed in the The economic, social and cultural International Bill of Human Rights include rights reaffirmed in the International Bill of two rights of peoples (self-determination Human Rights include four workers’ rights and permanent sovereignty over natural (the right to gain a living by work freely resources) and three rights of ethnic, chosen and accepted; the right to just and religious and linguistic minorities (namely, favorable conditions of work; the right to the rights to enjoy one’s own culture, to form and join trade unions; and the right to practice one’s own religion, and to use one’s strike). Four others concern social protection language). (social security; assistance to the family, mothers and children; adequate standard of The civil and political rights include living, including food, clothing and housing; five relating to physical integrity (rights to and the highest attainable level of physical life; freedom from torture; freedom from and mental health). The remaining rights are slavery; freedom from arbitrary arrest or the six concerning education and culture (the detention; and the right to humane treatment right to education directed towards the full under detention). Five other rights relate to development of the human personality; free the individual’s autonomy of thought and and compulsory primary education; action (namely, freedom of movement and availability of other levels of education; residence; prohibition of expulsion of aliens; participation in cultural life; protection of freedom of thought, conscience and moral and material rights of creators and religious belief; freedom of expression; and transmitters of culture, and the right to enjoy the right to privacy). Another four rights the benefits of scientific progress). concern the administration of justice (non- imprisonment for debt; fair trial—for which These rights are summarized in Table 1 16 additional rights are enumerated—; the below: right to personhood under the law; and the right to equality before the law). Six other civil & political rights relate to participation in civil society (freedom of assembly; freedom of association; the right to marry resources 3. Right to enjoy one’s culture Table 1: List of human rights 4. Right to practice one’s religion 5. Right to speak one’s language Group Rights

1. Right to self-determination 2. Permanent sovereignty over natural

Marks 10 Human Rights

Civil and Political Rights (CPR)

1. Right to life

2. Freedom from torture Economic, Social, and Cultural Rights 3. Freedom from slavery (ESCR) 4. Freedom from arbitrary arrest/detention 5. Right to humane treatment in detention 1. Right to gain a living by work freely 6. Freedom of movement and residence chosen and accepted 7. Prohibition of expulsion of aliens 2. Right to just and favorable work 8. Freedom of thought, conscience, and conditions religious belief 3. Right to form and join trade unions 9. Freedom of expression 4. Right to strike 10. Right to privacy 5. Social security 11. Non-imprisonment for debt 6. Assistance to the family, mothers, and 12. Fair trial (sub-divided into 16 children enumerated rights) 7. Adequate standard of living (including 13. Right to personhood under the law food, clothing, and housing) 14. Equality before the law 8. Right to the highest attainable standard 15. Freedom of assembly of physical and mental health 16. Freedom of association 9. Right to education towards the full 17. Right to marry and found a family development of human personality 18. Rights of children 10. Free and compulsory primary education 19. Right to practice a religion 11. Availability of other levels of education 20. Prohibition of war propaganda and hate 12. Participation in cultural life speech constituting incitement 13. Protection of moral and material rights 21. Right to hold office of creators and transmitters of culture 22. Right to vote in free elections 14. Right to enjoy the benefits of scientific 23. Right to be elected to office progress 24. Equal access to public service

Finally, the seven principles of In addition to the traditional grouping of application and interpretation include the human rights in the two major categories of principles of (1) progressive realization of human rights (CPR and ESCR), a third ESCR (states must take meaningful category of “solidarity rights” or “third measures towards full realization of these generation rights” is sometimes invoked, rights); (2) immediate implementation of including the rights to development, to a CPR (states have duties to respect and clean environment, and to humanitarian assistance). The reasons for separating CPR ensure respect for these rights); (3) non- 20 discrimination applied to all rights; (4) an from ESCR have been questioned. For effective remedy for violation of CPR; and example, it is often claimed that CPR are (5) equality of rights between men and absolute and immutable, whereas ESCR are women. The International Bill also specifies relative and responsive to changing that (6) human rights may be subject to conditions. However, all rights are limitations and derogations and that (7) the 20 See Stephen P, Marks, “The Past and Future of the rights in the Covenants may not be used as a Separation of Human Rights into Categories,” pretext for lowering an existing standard if Maryland Journal of International Law, vol. 24 there is a higher one under national law. (2009), pp. 208-241.

Marks 11 Human Rights proclaimed on the expectation that they will regards as inter-related and equally be of lasting value but in fact all have important—are not watertight and reasons emerged when social pressures have been for considering them inherently different strong enough to challenge power relations may be challenged. In practice, the context and expand the list. Consider, for example, dictates the most effective use of resources, that torture was an accepted means of institutions, and approaches more than the obtaining a confession, that slavery was nature of the theoretical category of rights. widely practiced and accepted for centuries, and that women were treated as chattel in many societies and only received political rights in the last century. Thus, these CPR C. Are human rights the same for have not been permanent features of society. everyone? It is also argued that CPR are to be implemented by states immediately, may be The claim that human rights are enforced through judicial remedies, and are universal holds that they are the same for relatively cost-free since they merely require everyone because they are inherent in the state to leave people alone (so-called human beings by virtue of all people being “negative rights”), whereas ESCR should be human, and that human rights therefore implemented progressively, in accordance derive from nature (hence the term “natural with available resources, since they require rights”). The UDHR refers to “the inherent state expenditure (so-called “positive dignity and … equal and inalienable rights rights”) and are not suitable for lawsuits of all members of the human family [as] the (“non-justiciable”). In many circumstances foundation of freedom, justice and peace in this is true; however, many ESCR have been the world.” The American Declaration of made “justiciable” (that is, people can sue Independence proclaims that “all men are the state if they consider that the right has created equal, that they are endowed by their not been respected), and many CPR are not Creator with certain unalienable Rights” and achieved merely passively but require a the French Declaration of 1789 refers to the considerable investment of time and “natural, unalienable, and sacred rights of resources (for example, to train law man.” enforcement officials or establish an Another basis for saying that human independent judiciary). rights are universal is to rely on their formal Another reason they are often adoption by virtually all countries that have considered different in nature concerns endorsed the UDHR or have ratified human denunciation of violations, which is often rights treaties. Cultural relativists claim that considered appropriate for CPR but should human rights are based on values that are be avoided for ESCR in favor of a more determined culturally and vary from one society to another, rather than being cooperative approach to urge governments 21 to do all they should to realize these rights. universal. There are several variants of this However, many situations arise where an position. One is the so-called “Asian values” accusatory approach for dealing with CPR is argument, according to which human rights counter-productive and where it is appropriate to refer to violations of ESCR. 21 See Terence Turner and Carole Nagengast (eds.), Journal of Anthropological Research, vol. 53, No. 3 So these two categories—which the UN (special issue on human rights) (Autumn 1997). © Harvard University 2016

Marks 12 Human Rights is a Western idea, which is at odds with the example, on which views are divided25 and way in which leaders in Asian societies has been of considerable interest since the provide for the needs of their people without “Arab Spring” of 2011, in which both making the individual supreme, prioritizing Islamic and human rights values motivated instead the value of societal harmony and peoples across the Middle East and North the good of the collective.22 A related view Africa to overthrow deeply entrenched holds that the concept of human rights is a dictatorships, with very mixed results, and tool of Western imperialism used to disguise the emergence of extremist terrorist political, economic and military ambitions organizations claiming to act according to of Western nations against those in the their interpretation of Islam.26 developing world.23 A third is the “clash of civilizations” argument that only the liberal The World Conference on Human West, among the roughly seven civilizations Rights (Vienna, June 1993) addressed the in the world, is capable of realizing human general question of balancing universal and rights since the other civilizations lack cultural claims with this compromise sufficient sense of the individual and the language: rule of law.24 This issue of compatibility of human rights with diverse belief systems All human rights are universal, and religions has special geopolitical indivisible and interdependent and interrelated. The international repercussions in relation to Islam, for community must treat human rights globally in a fair and equal manner, on the same footing, and with the same 22 See, for example, Bilahari Kim Hee P.S. Kausikan, emphasis. While the significance of “An East Asian Approach to Human Rights,” The national and regional particularities and Buffalo Journal of International Law. Vol. 2, pp. 263-283 (1995); Sharon K. Hom, “Re-Positioning Human Rights Discourse on "Asian" Perspectives,” 25 See, for example, Abdullahi An-Naim (2004) The Buffalo Journal of International Law, vol. 3, pp. "‘The Best of Times’ and ‘The Worst of Times’: 209-233 (1996); Kim Dae Jung, “Is culture destiny? Human Agency and Human Rights in Islamic The myth of Asia’s anti-democratic values,” Foreign Societies," Muslim World Journal of Human Rights, Affairs, vol. 73, pp. 189-194 (November/December vol. 1: issue 1, Article 5. Available at: 1994); Arvind Sharma, Are Human Rights Western? http://www.bepress.com/mwjhr/vol1/iss1/art5; Bat A Contribution to the Dialogue of Civilizations, New Ye’or, “Jihad and Human Rights Today. An active York: Oxford University Press, 2006, Conclusion, ideology incompatible with universal standards of pp. 254-269; Makau Mutua, "Savages, Victims and freedom and equality,” National Review Online, July Saviours: The Metaphor of Human Rights." Harvard 1, 2002. Available at International Law Journal 42, pp. 201-245 (Winter http://www.nationalreview.com/comment/comment- 2001). yeor070102.asp]; Mohamed Berween, “International Bills of Human Rights; An Islamic Critique,” 23 See, for example, Jean Bricmont, Humanitarian International Journal of Human Rights, Vol. 7:4 Imperialism: Using Human Rights to Sell War, October 2004, pp. 129 –142; Monthly Review Press, 2007, pp. 35-90; Makau Mutua, Human Rights: A Political and Cultural 26 Critique Philadelphia, PA: University of In its resolution 30/10 of 1 October 2015, the Pennsylvania Press (Pennsylvania Studies in Human Human Rights Council reaffirmed “that terrorism, Rights), 2002, Chapter 2: “Human Rights as an including the actions of the so-called Islamic State in Ideology,” pp. 39-70. Iraq and the Levant (Daesh), cannot and should not be associated with any religion, nationality or 24 See Samuel Huntington, The Clash of Civilizations civilization.” (para. 4) and the Remaking of World Order, New York: Simon

& Schuster, 1996.

Marks 13 Human Rights

various historical, cultural and religious eventually adopted by that body. Once the backgrounds must be borne in mind, it is issue is on the agenda, a political body may the duty of States, regardless of their then commission a study, eventually leading political, economic and cultural systems, to drafting a declaration, and then a to promote and protect all human rights convention, which has to be ratified and and fundamental freedoms.27 enter into force and is possibly followed by This statement nevertheless captures an the adoption of an optional protocol important feature of human rights today, providing for complaints procedures. namely, that they are universal but must be All the major human rights issues, such realized in the context of the prevailing as torture, women’s rights, racial values of each society. To understand fully discrimination, disappearances, rights of the challenge such contextualization children and of persons with disabilities, represents we need to examine the means went through these phases, lasting from ten and methods through which universally to thirty years or more. This is how the body accepted human rights are put into practice. of human rights norms has expanded D. How are human rights put into considerably from the International Bill of practice? Human Rights to the current array of several hundred global and regional treaties. Human rights are traditionally studied Following a related process, war crimes, in a global context through (1) the norm- genocide and crimes against humanity, have creating processes, which result in global been addressed by other treaties calling for human rights standards and (2) the norm- criminal prosecutions of perpetrators. enforcement processes, which seek to translate laudable goals into tangible The process can be summarized in practices. In addition, there are (3) Table 2: continuing and new challenges to the Table 2: Norm-creating process effectiveness of this normative regime. Lobbying for a resolution by NGOs and a 1. The norm-creating process limited number of government delegations Adoption of a resolution calling for a study The norm-creating process refers to Completion of a study authoritative decision-making that results in Adoption of a resolution calling for a declaration the formal acknowledgement of specific Drafting and adoption of a declaration rights and obligations in a given society and clarifies what is expected to realize the Adoption of a resolution calling for a convention rights in practice. The typical norm-creating Drafting and adoption of a convention process in international human rights Ratification and entry into force of the convention regarding a social issue begins with Setting up of treaty-monitoring body which expression of concern by a delegate at a issues interpretations of obligations meeting of a political body and lobbying for Resolution calling for an optional protocol (OP) co-sponsors to a resolution, which is allowing for complaints Drafting and adoption of an OP 27 United Nations, World Conference on Human Ratification and entry into force of the OP Rights. The Vienna Declaration and Programme of Treaty body passing judgment on complaints Action. June 1993, para. 5.

Marks 14 Human Rights

2. The norm-enforcing process of Southeast Asian Nations) adopt and monitor other international human rights Defining human rights is not enough; texts. The third preventive or promotional measures must be taken to ensure that they means of implementation is national are respected, promoted and fulfilled. In the institution building, which includes domestic legal system, law is binding and improvements in the judiciary and law the courts and the police use force to compel enforcement institutions and the creation of compliance. In the international human specialized bodies such as national rights regime, law is not treated in quite the commissions for human rights and offices of same way. The term “enforcement,” for an ombudsman. example, refers to coerced compliance, which is rare, while most efforts focus on The protection of human rights involves “implementation”, that is, as wide range of a complex web of national and international supervision, monitoring and general efforts mechanisms to monitor, judge, urge, to make duty-holders accountable. denounce, and coerce states, as well as to Implementation is further subdivided into provide relief to victims. Monitoring promotion (i.e., preventive measures that compliance with international standards is seek to ensure respect for human rights in carried out through the reporting and the future) and protection (i.e., responses to complaints procedures of the UN treaty violations that have occurred in the past or bodies and regional human rights are ongoing). The means and methods of commissions and courts. States are required implementation may be summarized in three to submit reports and the monitoring body— forms of promotion and five forms of often guided by information provided by protection. NGOs—which examines progress and problems with a view to guiding the Promotion of human rights is achieved reporting country to do better. The Human through developing awareness, standard- Rights Council also carries out a Universal setting and interpretation, and creation of Periodic Review (UPR) of all countries, national institutions. Awareness of human regardless of treaty ratification. Several rights is a precondition to acting on them optional procedures allow individuals and and is advanced though dissemination of groups (and sometimes other states) to knowledge (e.g., publications, information petition these bodies for a determination of campaigns) and human rights education at violations. The quasi-judicial bodies (such all levels. Second is standard-setting, the as the Human Rights Committee or the drafting of human rights texts, in which the African Commission on Human and UN Commission on Human Rights, Peoples’ Rights) utilize various forms of established in 1946, played a central role fact-finding and investigation and issue their until it was replaced in 2006 by the Human views so that governments can take action to Rights Council. Numerous other bodies in live up to their human rights obligations. the UN system, such as the Commission on the Status of Women, and UN Specialized “Special procedures” refer to UN Agencies (such as the International Labour working groups, independent experts and Organization and UNESCO), as well as the special rapporteurs or representatives regional organizations (Council of Europe, mandated to study countries or issues, Organization of American States, African including taking on cases of alleged Union, League of Arab States, Association violations, going on mission to countries and © Harvard University 2016

Marks 15 Human Rights institutions, and to report back on their Council, the UN General Assembly, the findings and request redress from Committee of Ministers of the Council of governments. The “thematic” rapporteurs Europe, the Assembly of the Organization of are specifically mandated to study issues American States, all have adopted politically such as forced disappearances, summary significant resolutions denouncing executions, torture, toxic waste, and the governments for violations of human rights rights to health, adequate food and housing. and demanding that they redress the As of 2015 there were some 41 “thematic situation and often that they provide mandates”. In addition, there were 14 compensation to the victims. Parliamentary “country mandates” covering Belarus, Commissions and National Human Rights Cambodia, Central African Republic, Côte Commissions, as well as local and d’Ivoire, Democratic People’s Republic of international NGOs, also follow-up their Korea, Eritrea, Haiti, Islamic Republic of investigations with firmly worded and Iran, Mali, Myanmar, Palestinian Territories, politically significant demands for change. Somalia, Sudan and Syrian Arab Republic. This form of sanction may appear toothless since it is not backed up with coercive force; The second means of protection is nevertheless, in practice many governments adjudication of cases by fully empowered take quite seriously the pronouncements of courts, the main international ones being the such bodies and go to considerable lengths International Court of Justice (which can to avoid such political “naming and only decide cases between states that agree shaming,” including by improving their to submit their dispute to the Court), the human rights performance. International Criminal Court (which can try individuals for genocide, crimes against The seventh means of responding to humanity, war crimes and the crime of human rights violations is through aggression), as well as the regional courts, humanitarian relief or assistance. Provision namely, the European Court of Human of food, blankets, tents, medical services, Rights (open to persons within the 47 sanitary assistance, and other forms of aid member states of the Council of Europe); save lives and improve health of persons the Inter-American Court of Human Rights forcibly displaced, often as a result of large- (open to the 25 states parties—23 active scale human rights violations. Refugees and parties—to the American Convention on internally displaced persons come under the Human Rights); and the African Court of protection of the UN High Commissioner Justice and Human Rights (open to the for Refugees (UNHCR), which deploys African Commission on Human and massive amounts of aid, along with the Peoples’ Rights, individuals and accredited International Committee of the Red Cross, NGOs from those of the 54 African Union the International Organization for Migration members that have ratified the protocol (IOM), the United Nations Children’s Fund establishing the Court, numbering 30 in (UNICEF), the World Food Programme 2016). (WFP), the United Nations Development Programme (UNDP), the UN Office for the Political supervision refers to the acts Coordination of Humanitarian Affairs of influential bodies made up of (OCHA) and other agencies, as well as representatives of states, including major NGOs like Oxfam, Care, and the resolutions judging the policies and International Rescue Committee. practices of states. The UN Human Rights © Harvard University 2016

Marks 16 Human Rights

Finally, the use of coercion is available Syria,30 but only in Darfur31 and Libya32 was only to the UN Security Council, which can it used to authorize enforcement action. The use its powers under Chapter VII of the UN way R2P was applied in Libya explains in Charter to impose sanctions, cut off part the reluctance to use it for enforcement communications, create ad hoc criminal action in the civil war in Syria.33 tribunals, and authorize the use of force by member states or deploy UN troops to put an These eight means and methods of end to a threat to international peace and implementation are summarized in Table 3 security, which it has on occasion below. interpreted to include human rights violations. Human rights considerations 3. Continuing and new challenges to human were part of the use of Chapter VII in rights realization Cambodia, Haiti, Somalia, Bosnia, Iraq and other locations.28 This forceful means of The adoption of norms and the protecting human rights is complex and can implementation of accountability procedures have harmful health consequences, as has are not enough to eliminate the deeper been the case with sanctions imposed on causes of human rights deprivation. The Haiti and Iraq in the 1990s. If used properly, most salient challenges to the effectiveness Chapter VII action can be the basis for of human rights at the global level relate to implementing the “Responsibility to the reliance on the state to take Protect”, a doctrine adopted at a 2005 UN responsibility for correcting its ways; Summit that reaffirms the international structural issues of the global economy community’s role to prevent and stop favoring the maximization of profits in ways genocides, war crimes, ethnic cleansing and over which human rights machinery has crimes against humanity when a national little or no control or impact; and cultural government fails to do so.29 The conditions based on patriarchy, class, caste responsibility to protect (R2P) was explicitly and ethnicity, which only change slowly referred to in Security Council Resolutions over time as power relations and mentalities concerning the Great Lakes region, Sudan, change. In all these arenas, human rights are Libya, Côte d’Ivoire, Yemen, Mali, South highly political: to the extent that they are Sudan, Central African Republic, and 30 For references to Responsibility to Protect (RtoP or

28 R2P) in Security Council Resolutions, see See Bertrand G. Ramcharan, The Security Council http://www.responsibilitytoprotect.org/index.php/co and the Protection of Human Rights, Martinus mponent/content/article/136-latest-news/5221-- Nijhoff, 2002; Bardo Fassbender, Securing Human references-to-the-responsibility-to-protect-in- Rights: Achievements and Challenges of the UN security-council-resolutions (accessed 25 Apr 2014). Security Council, Published to Oxford Scholarship Online: January 2012, publication date: 2011, 31 Security Council Resolution 1706 of 31 August available at: 2006. http://www.oxfordscholarship.com/view/10.1093/acp rof:oso/9780199641499.001.0001/acprof- 32 Security Council Resolution 1970 of 26 February 9780199641499 2011, and Security Council Resolution 1973 of 17 (DOI:10.1093/acprof:oso/9780199641499.001.0001). March 2011. 29 The doctrine was affirmed by the UN General Assembly in paragraphs 138 and 139 of the 2005 33 See Spencer Zifcak, “The Responsibility to Protect World Summit Outcome Document and reaffirmed in after Libya and Syria,” Melbourne Journal of its resolution A/RES/63/308 of September 2009. International Law, vol. 13, (2012), pp. 2-35.

Marks 17 Human Rights truly relevant to people’s lives they that have profoundly changed societies in challenge the state, the political economy the past. That is how practices such as and cultural traditions. At the same time, slavery, apartheid, colonialism, and they offer a normative framework for exclusions of all sorts have been largely individuals and collectivities to organize for eliminated. Similarly, environmental change, so that state legitimacy is measured degradation, poverty, terrorism, non- by human rights performance, the political representative government, discrimination economy is freed from gross economic based on sexual orientation and an disparities and social inequities, and cultural expanding array of other challenges in the identity is preserved and cherished in ways 21st century will continue to test the value of that are consistent with prevailing values of human rights as a normative and individual autonomy and freedom. Appeals institutional guide to policy and practice. to human rights in bringing about such change is usually supported, at least rhetorically, by the community of nations and, in progressively more meaningful and effective ways, by networks of solidarity Table 3: Means and methods of human rights implementation

Means of implementation Examples

Promotion

1. Developing awareness Circulation of publications, media coverage, human rights education.

2. Standard-setting and inter- Adoption of declarations and conventions by UN pretation Human Rights Council, regional bodies; general comments by treaty bodies, interpretation by tribunals.

3. Institution building Judiciary and law enforcement, national commissions and ombudsman offices.

Protection

4. Monitoring compliance with Reporting procedures, complaints procedures, fact- international standards finding and investigation, special procedures, universal periodic review (UPR).

5. Adjudication Quasi-judicial procedures by treaty bodies, judgments by international and regional tribunals.

6. Political supervision Resolutions judging state policy and practice by international bodies; “naming and shaming” by

Marks 18 Human Rights

Human Rights Council, UN General Assembly; demarches, public and private statements by states and senior officials.

7. Humanitarian action Assistance to refugees and internally displaced persons in humanitarian emergencies; repatriation and resettlement.

8. Coercive action UN Security Council sanctions, creation of criminal tribunals, and use of force under the doctrine of “Responsibility to Protect” people from genocide, war crimes, ethnic cleansing and crimes against humanity.

examined the processes by which human V: Conclusion rights norms are recognized and put into practice and referred to several challenges We started by asking whether human facing the 21st century. rights have to be considered only in legal terms and saw that there are at least three In the coming decades, we can expect modes of discourse concerning human gaps to be filled in the institutional rights: legal, philosophical and advocacy. machinery of Africa and Asia, and in All three overlap, although historically making ESCR genuinely equal in people have risen up against injustices for importance to CPR, as well as in the millennia and made respect for dignity clarification of human rights standards in integral to ethical and religious thinking, such areas as sexual orientation and whereas the enumeration of codes of advances in science and technology, while universal human rights has a much shorter th refining the means and methods of human history, dating primarily from the 18 rights promotion and protection. The century and especially from the inaugural essential value of human rights thinking and moment of the UDHR in making human action, however, is unlikely to change: it has rights an explicit feature of the post World served and will continue to serve as a gauge War II international legal order. We have of the legitimacy of government, a guide to examined what “universal” means in a world setting the priorities for human progress, and of conflicting ideologies, religions, beliefs a basis for consensus over what values can and values and reviewed the content of the be shared across diverse ideologies and normative propositions accepted as cultures. belonging to this category of “universal human rights,” while sounding a cautionary note about taking their separation into two major categories too literally. Finally, we

Human Rights, with an introduction by Isidore Silver. New York: Garland, 1950 (reprint 1973). Selected bibliography Daniel Moeckli, Sangeeta Shah & Sandesh Philip Alston and Ryan Goodman, Sivakumaran International Human Rights International Human Rights, Oxford: Law, Oxford: Oxford University Press, 2nd Oxford University Press, 2012. ed. 2014. Upendra Baxi, The Future of Human Rights, nd Samuel Moyn, The Last Utopia: Human 2 ed., New Delhi ; New York : Oxford Rights in History, Cambridge MA: Belknap University Press, 2006. Press of Harvard University Press, 2012. Sabine C. Carey, The Politics of Human Aryeh Neier, The International Human Rights: The Quest for Dignity, Cambridge, Rights Movement: A History, Princeton, NY: UK: Cambridge Univ. Press, 2010. Princeton University Press 2012., Andrew Clapham, Human Rights: A Very James W. Nickel, Making Sense of Human Short Introduction (Very Short Rights, Malden, MA: Blackwell Pub., 2007. Introductions), New York: Oxford Univ. Margot E. Salomon, Global Responsibility Press, 2007. for Human Rights, Oxford, UK: Oxford Jack Donnelly, International Human Rights, Univ. Press, 2007. 4th edition, Westview Press, 2013. Amartya Sen, “Elements of a Theory of Richard A. Falk, Human Rights Horizons: Human Rights,” Philosophy & Public The Pursuit of Justice in a Globalizing Affairs, vol. 32, No. 4 (2004), pp. 315-356. World, New York: Routledge, 2001. Kathryn Sikkink, The Justice Cascade: How James Griffin, On Human Rights, Oxford, Human Rights Prosecutions Are Changing UK: Oxford Univ. Press, 2009. World Politics (The Norton Series in World Politics), 2011. Lynn Avery Hunt and Lynn Hunt, Inventing Human Rights: A History, New York: W.W. Beth A. Simmons, Mobilizing for Human Norton & Co., 2008. Rights: International Law in Domestic Politics, New York: Cambridge Univ. Press, Micheline Ishay (ed.), The Human Rights 2009. Reader: Major Political Essays, Speeches, and Documents from Ancient Times to the Present, Second Edition, New York: Selected websites Routledge, 2007 A. Official UN sites: Micheline Ishay, The History of Human 1. Office of the High Commissioner for Rights: From Ancient Times to the Human Rights (UN): Globalization Era, New York: Norton and http://www.ohchr.org/english/ Co., 2008. 2. World Health Organization: Paul Gordon Lauren, The Evolution of http://www.who.int/hhr/en/ International Human Rights: Visions Seen, rd 3. World Bank: 3 ed. Philadelphia: University of http://web.worldbank.org/WBSITE/EXTERN Pennsylvania Press, 2011. AL/EXTSITETOOLS/0,,contentMDK:207496 Hersch Lauterpacht, International Law and 93~pagePK:98400~piPK:98424~theSitePK:95 474,00.html Marks 20 Human Rights

4. UNDP: 6. Human Rights Internet (HRI): http://www.undp.org/content/undp/en/home/li http://www.hri.ca/ brarypage/democratic- 7. UPR Info: http://www.upr-info.org/en governance/human_rights.html C. Non-Governmental Organizations 5. UNESCO: http://www.unesco.org/new/en/social-and- 1. Amnesty International: human-sciences/themes/human-rights-based- http://www.amnesty.org/ approach 2. The Center for Economic and Social Rights B. Sources of human rights information: (CESR): http://cesr.org/ 1. University of Minnesota human rights 3. Human Rights First: library (includes links to UN, other http://www.humanrightsfirst.org/ organizations, training and education, and 4. Human Rights Watch: http://www.hrw.org/ centers for rehabilitation of torture survivors): http://www1.umn.edu/humanrts/ 5. International Commission of Jurists: http://www.icj.org/ 2. International Service for Human Rights: http://www.ishr.ch/ 6. International Federation for Human Rights (FIDH): http://www.fidh.org/ 3. Business and Human Rights: http://www.business-humanrights.org/ 7. Peoples Movement for Human Rights Learning: http://www.pdhre.org/ 4. Equipo Nizkor: http://www.derechos.org/

5. New Tactics in Human Rights: http://www.newtactics.org/

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Universal Declaration of Human Rights

On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed in Paris, France, the Universal Declaration of Human Rights. It defines the aspirations of the international community to be guided by its 30 articles in national and international policy. This is the full text of the Declaration:

PREAMBLE rights and freedoms is of the greatest importance for the full realization of this Whereas recognition of the inherent dignity pledge, and of the equal and inalienable rights of all members of the human family is the Now, Therefore THE GENERAL ASSEMBLY foundation of freedom, justice and peace in proclaims THIS UNIVERSAL DECLARATION the world, OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to Whereas disregard and contempt for human the end that every individual and every organ rights have resulted in barbarous acts which of society, keeping this Declaration constantly have outraged the conscience of mankind, in mind, shall strive by teaching and and the advent of a world in which human education to promote respect for these rights beings shall enjoy freedom of speech and and freedoms and by progressive measures, belief and freedom from fear and want has national and international, to secure their been proclaimed as the highest aspiration of universal and effective recognition and the common people, observance, both among the peoples of Member States themselves and among the Whereas it is essential, if man is not to be peoples of territories under their jurisdiction. compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, Article 1. that human rights should be protected by the rule of law, All human beings are born free and equal in dignity and rights. They are endowed with Whereas it is essential to promote the reason and conscience and should act development of friendly relations between towards one another in a spirit of nations, brotherhood.

Whereas the peoples of the United Nations Article 2. have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and Everyone is entitled to all the rights and worth of the human person and in the equal freedoms set forth in this Declaration, rights of men and women and have without distinction of any kind, such as race, determined to promote social progress and colour, sex, language, religion, political or better standards of life in larger freedom, other opinion, national or social origin, property, birth or other status. Furthermore, Whereas Member States have pledged no distinction shall be made on the basis of themselves to achieve, in co-operation with the political, jurisdictional or international the United Nations, the promotion of status of the country or territory to which a universal respect for and observance of person belongs, whether it be independent, human rights and fundamental freedoms, trust, non-self-governing or under any other limitation of sovereignty. Whereas a common understanding of these

Marks 22 Human Rights

Article 3. Article 11.

Everyone has the right to life, liberty and (1) Everyone charged with a penal offence security of person. has the right to be presumed innocent until proved guilty according to law in a public trial Article 4. at which he has had all the guarantees necessary for his defence. No one shall be held in slavery or servitude; slavery and the slave trade shall be (2) No one shall be held guilty of any penal prohibited in all their forms. offence on account of any act or omission which did not constitute a penal offence, Article 5. under national or international law, at the time when it was committed. Nor shall a No one shall be subjected to torture or to heavier penalty be imposed than the one that cruel, inhuman or degrading treatment or was applicable at the time the penal offence punishment. was committed. Article 6. Article 12. Everyone has the right to recognition No one shall be subjected to arbitrary everywhere as a person before the law. interference with his privacy, family, home or Article 7. correspondence, nor to attacks upon his honour and reputation. Everyone has the All are equal before the law and are entitled right to the protection of the law against such without any discrimination to equal interference or attacks. protection of the law. All are entitled to equal protection against any discrimination in Article 13. violation of this Declaration and against any (1) Everyone has the right to freedom of incitement to such discrimination. movement and residence within the borders Article 8. of each state.

Everyone has the right to an effective remedy (2) Everyone has the right to leave any by the competent national tribunals for acts country, including his own, and to return to violating the fundamental rights granted him his country. by the constitution or by law. Article 14. Article 9. (1) Everyone has the right to seek and to enjoy in other countries asylum from No one shall be subjected to arbitrary arrest, detention or exile. persecution.

Article 10. (2) This right may not be invoked in the case of prosecutions genuinely arising from non- Everyone is entitled in full equality to a fair political crimes or from acts contrary to the and public hearing by an independent and purposes and principles of the United impartial tribunal, in the determination of his Nations. rights and obligations and of any criminal charge against him. Article 15.

Marks 23 Human Rights

(1) Everyone has the right to a nationality. Article 20.

(2) No one shall be arbitrarily deprived of his (1) Everyone has the right to freedom of nationality nor denied the right to change his peaceful assembly and association. nationality. (2) No one may be compelled to belong to an Article 16. association.

(1) Men and women of full age, without any Article 21. limitation due to race, nationality or religion, have the right to marry and to found a family. (1) Everyone has the right to take part in the They are entitled to equal rights as to government of his country, directly or marriage, during marriage and at its through freely chosen representatives. dissolution. (2) Everyone has the right of equal access to (2) Marriage shall be entered into only with public service in his country. the free and full consent of the intending spouses. (3) The will of the people shall be the basis of the authority of government; this will shall be (3) The family is the natural and fundamental expressed in periodic and genuine elections group unit of society and is entitled to which shall be by universal and equal protection by society and the State. suffrage and shall be held by secret vote or by equivalent free voting procedures. Article 17. Article 22. (1) Everyone has the right to own property alone as well as in association with others. Everyone, as a member of society, has the right to social security and is entitled to (2) No one shall be arbitrarily deprived of his realization, through national effort and property. international co-operation and in accordance with the organization and resources of each Article 18. State, of the economic, social and cultural rights indispensable for his dignity and the Everyone has the right to freedom of thought, free development of his personality. conscience and religion; this right includes freedom to change his religion or belief, and Article 23. freedom, either alone or in community with others and in public or private, to manifest (1) Everyone has the right to work, to free his religion or belief in teaching, practice, choice of employment, to just and favourable worship and observance. conditions of work and to protection against unemployment. Article 19. (2) Everyone, without any discrimination, has Everyone has the right to freedom of opinion the right to equal pay for equal work. and expression; this right includes freedom to hold opinions without interference and to (3) Everyone who works has the right to just seek, receive and impart information and and favourable remuneration ensuring for ideas through any media and regardless of himself and his family an existence worthy of frontiers. human dignity, and supplemented, if necessary, by other means of social

Marks 24 Human Rights protection. kind of education that shall be given to their children. (4) Everyone has the right to form and to join trade unions for the protection of his Article 27. interests. (1) Everyone has the right freely to Article 24. participate in the cultural life of the community, to enjoy the arts and to share in Everyone has the right to rest and leisure, scientific advancement and its benefits. including reasonable limitation of working hours and periodic holidays with pay. (2) Everyone has the right to the protection of the moral and material interests resulting Article 25. from any scientific, literary or artistic production of which he is the author. (1) Everyone has the right to a standard of living adequate for the health and well-being Article 28. of himself and of his family, including food, clothing, housing and medical care and Everyone is entitled to a social and necessary social services, and the right to international order in which the rights and security in the event of unemployment, freedoms set forth in this Declaration can be sickness, disability, widowhood, old age or fully realized. other lack of livelihood in circumstances beyond his control. Article 29.

(2) Motherhood and childhood are entitled to (1) Everyone has duties to the community in special care and assistance. All children, which alone the free and full development of whether born in or out of wedlock, shall enjoy his personality is possible. the same social protection. (2) In the exercise of his rights and freedoms, Article 26. everyone shall be subject only to such limitations as are determined by law solely (1) Everyone has the right to education. for the purpose of securing due recognition Education shall be free, at least in the and respect for the rights and freedoms of elementary and fundamental stages. others and of meeting the just requirements Elementary education shall be compulsory. of morality, public order and the general Technical and professional education shall be welfare in a democratic society. made generally available and higher education shall be equally accessible to all on (3) These rights and freedoms may in no case the basis of merit. be exercised contrary to the purposes and principles of the United Nations. (2) Education shall be directed to the full development of the human personality and to Article 30. the strengthening of respect for human rights and fundamental freedoms. It shall promote Nothing in this Declaration may be understanding, tolerance and friendship interpreted as implying for any State, group among all nations, racial or religious groups, or person any right to engage in any activity and shall further the activities of the United or to perform any act aimed at the Nations for the maintenance of peace. destruction of any of the rights and freedoms set forth herein. (3) Parents have a prior right to choose the